How a Prenuptial Contract Can Provide Security
A prenuptial agreement is an insurance policy against the
breakup of your impending marriage. It should be viewed the
same if you were taking out life insurance or income
protection. It is made with the aim of both parties
protecting their personal assets and thus protecting
themselves and their loved ones.
In order to be valid a prenup agreement must be formed
before the wedding. It is also advisable it is signed no
later than 21 days to the wedding, lest it be decreed by the
courts that one of the couple was “forced” to sign while
The concept of the prenup is that it protects the assets
that the couple took individually into the relationship.
This offers security to those who may have taken the biggest
amount of wealth and property into relationship. Where
without a prenup the assets would be split 50/50 between the
two parties, with a prenup the party bringing in most the
assets would then retain those assets.
Any assets acquired during the marriage will also be
accounted if the event of a divorce. The prenup can state
that those producing the largest amount of wealth can hold
onto it if the marriage ends.
A prenuptial agreement can also consider any children that
the parties bring into the marriage at the start. The
prenuptial contract can decide which of the children gets
what should the couple divorce.
While the prenuptial contract does have offer a large degree
of security as to the protection of assets following a
divorce, strictly speaking, they are not enforceable under
English law. Nevertheless, looking at the recent publicised
case of Radmacher, it shows that although unenforceable, the
English courts are considering the content of a prenup more
and more. Because of this legal uncertainty it is essential
that prenups are drawn up correctly in order not to be
thrown out by the courts.
Although there is no strict legal requirement that a
prenuptial agreement be drafted by solicitor it is strongly
advisable. An experienced solicitor will use proper drafting
techniques to ensure that the agreement has been drawn up
properly and therefore lessen the chances that one party can
challenge it at a later date. The will make sure that the
agreement follows the purpose for which it was intended –
provide the added security of protected personal assets in
the event of a divorce.
About the Author:
Tim Bishop is senior partner at Bonallack & Bishop, a firm of
solicitors who deal with UK Prenuptial Contracts
(http://www.prenuptial-agreement.co.uk ). If you need some
help and advice about making a UK pre-nuptial contract then
contact one of their experienced lawyers today. Tim is
responsible for all major strategic decisions, seeing
himself as a businessman who owns a law firm. Tim has
expanded the firm by 1000% in 13 years and has plans for its